IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17665 of 2008(C)
1. P.H.HAMEED, AGED 50 YEARS, S/O.HASSAN,
... Petitioner
Vs
1. THE DEPUTY COMMISSIONER OF SALES TAX,
... Respondent
2. THE INTELLIGENCE OFFICER (IB),
3. THE TAHSILDAR, TALUK OFFICE,
4. VILLAGE OFFICER, ALAKKODE VILLAGE.
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.JOSE JOSEPH ARAYAKUNNEL
The Hon'ble MR. Justice K.M.JOSEPH
Dated :05/07/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.17665 of 2008
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Dated this the 4th day of July, 2008
JUDGMENT
Petitioner challenges Ext.P3 and all proceedings pursuant to
Exts.P5 and P6. He seeks a direction to dispose of Ext.P4. Ext.P3 is an
order passed by the Intelligence Officer. Petitioner has already preferred
appeal accompanied by delay petition. The property of the petitioner came
to be sold. It came to be purchased by the additional respondent at the
auction. He had deposited 15% in a sum of Rs.52,500/-.
2. I heard learned counsel for the petitioner, learned
Government Pleader and the learned counsel appearing for the additional
respondent. Learned Government Pleader does not seriously oppose the
consideration of the revision on merits. The additional respondent submits
that if the petitioner is prepared to pay the amount with some compensation,
he will not insist on the sale.
Having regard to all facts, the writ petition is disposed of as
follows:
If the petitioner pays a sum of Rs.60,000/- within ten days from
today to the additional respondent, the sale in favour of the additional
respondent will not be confirmed. If the petitioner does not pay Rs.60,000/-
WPC. 17665/2008. 2
as directed, sale can be confirmed in accordance with law. If the amount of
Rs.60,000/- is paid as aforesaid, the sale will stand set aside and there will
be a further direction to the first respondent to consider and take a decision
on Ext.P4 in accordance with law after affording an opportunity of hearing
to the petitioner within a period of two months from the date of receipt of a
copy of this judgment. In so far as an amount of Rs.52,500/-, in effect it
has been paid by the petitioner by virtue of the arrangement referred to
above, no steps will be taken pursuant to Exts.P2 and P3 till the disposal of
Ext.P4. If the petitioner succeeds in Ext.P4 revision before the first
respondent, the amount lying in deposit as deposited by the auction
purchaser will be returned to the petitioner within a period of one month.
(K.M. JOSEPH, JUDGE)
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